PlainSpeak
01-14 04:12 PM
plainspeak,
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.
So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer
EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.
Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays
So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.
Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group
Just for information i do have a masters
Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway
And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you
JAI HIND
i know a thing or two about this eb related immigration. i agree people should not suffer for years together to get a perm. res card, and that too, people who may have been in the line ahead of others.
however, i dont think it is just not being ahead that creates this spill over thing. unused visas first go to eb1, then to eb2 and then to eb3. i think, that is correct. now, my view about this categorization is that, eb1 -- outstanding people, eb2 -- better qualified, eb 3 -- skilled but not qualified in terms of degree or experience, whatever. (pls understand, i am not degrading eb3 people, i have loads of very close friends in eb3 who are extremely intelligent and i can tell you, can easily compete with the eb2 guz, as far as knowledge etc goes).
but, there is a reason for this division and just for that reason, visas have to go thru eb2 before eb 3. if that is not the case, they wont put people who go for NIW in eb2, it wud have been in eb 3 or a completely separate category.
u did mention to someone that u dont want to convert to eb2 or something in those lines, but i believe everyone should try to get to eb 2 (get masters, or after getting the experience), there is nothing wrong in doing so. (if u feel that i shud not be giving u advice, then just ignore the above few lines)
i believe some of things people pointed out like visa recapture, not counting the dependents etc are the kind of things where IV should focus energies. this is good for all immigrants
bottomline: i believe it is wrong to distribute remaining visa no.s to eb3 category before servicing eb 2, becoz i thought, the categories were specifically created to prioritize.
and please, bear in mind, i am not saying this coz i am eb2. i thought logically that was correct. and, i do easily qualify for eb 1 as well. just did not care abt a gc. i dont care abt it even now. my thinking: if it happens, good, if not, i dont care, i can always go back home-jai hind.
Mr Syendu after replying to all abusers my mind has pretty much been fogged up. Contrary to oipinion i am also working while blogging so there is the added pressure.
So now having read through your post (I appreciate no abuses) i get the jist of what you are saying so forgive me if i do not reply line by line so here is my answer
EB1/EB2/EB3 rule was never disputed by me. That is law and will never chaange. i dont like it but i will go with what is the law.
Yes i will NOT convert to EB2 because i have already spent time and energy for the first GC app. (In case any abuser is wondering the gc was paid by company so it is not the lack of funds or lack of companies willing to file for EB2 for me which is stopping me). Sure people are converting and all the best to them, but my point is what about people who cannot convert. Maybe someone has got 2 kids and single earner and he does not have the time or money to do a masters. Maybe some one is so tired working a job which is busting his or her ass off and has no energy to do that. If we think about it there are a whole lot of reasons why a person cannot do a masters. And to that complexities there are very few companies which are willing to sponser EB2 nowadays
So my plain speak is that just because every member in IV has a masters and is in EB2 or can do masters and convert from EB3 to EB2 does not mean that the majority of people out there can do the same so IV members giving advises like below ar enot only impracticle but also broder on hig handedness. Their contention is that we did it why can you not. If you cannot you must be a low skilled person who has scrapped through into the country and deserves to wait a long time for a visa.
Please remember that EB2 or EB3 is not a straighjacket and theri are people in both the groups who do not belong there and belong in the other group
Just for information i do have a masters
Visa recapture and not counting the dependents will help the immigration community only if it happens. I see nothing on the horizon which says that it will happen. As another iV member pointed out no immigration friendly bill has come for debate in the last 4 years and that is with a democratic majority which is immigration friendly as some IV members like to point out. So with such a situation piece meal efforts must be made but piece meal efforst should be directed to the heavily retorgressed community because teh big bills if and hwne they happen will fololow teh regular rule anyway
And finally i would like to say you have been most polite and respectfull and i am honoured to discuss thiongs with you
JAI HIND
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bazuka6
09-25 09:52 AM
Nixtor, this idea is worth trying. If people who are buyinh house can be exempted from the VB quota, this will free up extra visas and will help those people who will not buy a house.
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
Yes... if you have house closing statement and have been here legally and paid taxes(last X years... you are exempt from VISA cap)
Now that makes sense for a senator looking for a predictable way to solve mortgage crisis
BharatPremi
12-14 04:01 PM
To summarize the discussions on this thread:
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
Yes, it is 7 % for all countries.
Now it is manifestly obvious that the 7 % figure is arbitrary, and not fair. That much we can all agree on.
The real question, as raised in the first post of the thread by soljabhai is:
(A) Is that constitutional?
(B) (And this is the real question): If it is, what should we do about it?
Intelligent questions, both.
The answer to (A) is not clear. We need a competent constitutional expert to opine on the matter.
For (B), (which is what the thread is really all about), there are lively discussions with differing views.
lazycis has presented good evidence that the case is not cut and dried legally. It might be unfair, but those are the laws.
mbartosik, alterego, me and others have argued (from different angles) in terms of pragmatism. (Cost is not worth the benefit)
garybanz, soljabhai, and others have argued that it is worth it (Cost is worth the benefit).
Anyway, agree or disagree, its an interesting thread with interesting posts..
Addition to this:
--------------
- "7% limit" is not discriminative to "Any country" AND "Restrictive" especially
to the countries from where maximum flow of labor comes.
- When industry demands high number of labor and in the situation of getting majority of this labor from particular
countries only ,since the available labor force in other countries does not match the demand for one or other reason,
then this restriction becomes SENSELESS and useless in all its practical terms and limits.
- "Country of origin based limit" "smells" (In Mark's language..:))
discriminative when employment always have to be related with "skill" AND
THAT IS A ETHICAL OR MORAL PROBLEM
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pmb76
04-01 03:33 PM
The BJP is the only party that can lead India in a sane manner. The various issues that stand before India :
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
- Free market reform that has been strangled by the communists and congress
- National security . For the congress and other so called secular forces - criticizing terrorism/pakistan is tantamount to criticizing Islam. They jail Varun Gandhi for making divisive comments(agreed that the comments are in bad taste) but what about the Imam Bukharis and Mulayam singhs who make divisive comments every single day.
- The concept of nationalism and pride was first felt during the years when Vajpayee was PM. To be honest I never felt proud to be Indian until AB Vajpayee became PM
- Infrastructure development. The BJP is more free market than any other party. the Vajpayee administration started so many infrastructure schemes like the golden quadrilateral national highway and various others.
- The BJP is the only party with true nationalists. You may blame them for being right wing hindus but they have more secular credentials than the congress or other so called secular forces. Now let's get this straight - Radical Islam is the biggest threat to world peace and the BJP is the only party at the national level that recognizes this threat.
Agreed that there could be corruption in the BJP/NDA as well but atleast you know what you are getting into. Manmohan Singh is the weakest PM India has ever had whose sole goal in life is to please his masters - the Gandhi family.
All in all you will find faults with everyone - you have to back the least of all evils.
more...
smuggymba
01-15 03:59 PM
I'm not sure why ppl gave me red for posting a business practice of desi dallas.
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
Can you please tell me if what I posted is wrong or you just don't want to accept the facts?
I trust the talent of desi dallas, they will come up with a way to circumvent this
Their other talent includes asking some part of money from the employee from their salary every month so that they can give them money when they are on bench. They are genius. They come up with some serious fun stuff
hazishak
02-15 10:48 PM
I beleive that there should be more representation of people from other countries in desi companies, but when more number of desis apply for jobs. Is it any fault of the company is they are hiring only them?.
In other words, they dont mind getting screwed by desi company.
In other words, they dont mind getting screwed by desi company.
more...
dan19
08-30 04:58 PM
I am doing my Canadian Immigration myself.
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
It is fairly a simple and straightforward process. So my advice is "Do it yourself". Immigration lawyers do normally charge more that $1000 and make mistakes.
Since it takes around 1.5 years for the entire process to complete, send the application as soon as possible. Dont wait for gathering all the document! That will ensure that you get a early priority date. If more documents are needed, they will ask you. (Most people sent English Proficiency and Police Certificates after submitting the application, though they are required to be part of the initial application)
I can describe the procedure:
1. Calculate your points based on the information on Canada Immigration website. If it is more that 67, you are good.
2. To prove English proficiency, take IELTS test. You need to register for the test as soon as possible since some centers are always full. (Some of my friends who studied in USA skipped IELTS - rather they wrote a letter stating that they are proficient in English as they studied/worked in USA)
3. Make sure you have the required funds. It's around $13,000 for a 2 member family. (Again check the Canadian Immigration website for accurate info)
4. Get experience letters if you are claiming experience.
5. Get Birth Certificates and Police Certificates. If you are an Indian, the link you need to look for is http://www.indianembassy.org/newsite/misc_guide.asp
6. Though they do ask you to send US FBI Police Certificates, do it later. (They will ask you for updated FBI Police Certificates evenif you submit it earlier)
7. Fill the forms, attach the documents and send it!!!!
Visit http://www.canada-city.ca/canada-immigration/ or
http://www.immigration.ca/discussion/forum.asp?FORUM_ID=4 for further discussions.
Our frustration with the US legal immigration and retrogression seems endless. My wife and I are considering immigration prospects to Canada. Can somebody please suggest good responsive lawfirms that could handle a Canadian PR application? We would also appreciate some insight on Canadian immigration prospects for physicians. Thanks
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shana04
10-15 06:36 PM
So, in just two years, every category should be current. Lets not scratch our heads.
I don't care about the logic but, I like what you said!;)
I don't care about the logic but, I like what you said!;)
more...
beautifulMind
07-16 02:47 PM
I am currently working as a Programmer Analyst on EB3 and Using my EAD through 485.
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
I plan to convert to a new postition that of Senior Applications Developer in the same company where the job duties will be atleast 50% different from my existing position
But here is the problem If i am using my EAd obtained from Eb3 program Analyst position then can I work on another position which is 50% different from my existing position as per AC21 rules
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waitingnwaiting
01-14 10:35 AM
I would like to see Plainspeak's project plan on his idea. The plan should detail out timeline, budget, manpower and responsibilities. Most importantly what will Plainspeak do in this plan as a responsibility.
Let us see if you can only write junk or can even post something useful.
Let us see if you can only write junk or can even post something useful.
more...
GCkiTaisi
05-01 05:42 PM
I am an Indian Tamil and firmly believe that both LTTE and Lankan Army are at fault here. LTTE's tactics have always been to use human cover and the Lankans are guilty of using heavy artillery on civilians. In fact not all the civilians are innocent, some of them are LTTE proponents who prefer to stick with them till their last breath to further promote what is called as Lankan atrocities to the world.
I totally support the Tamil Ealam cause, but the method LTTE has taken would have never gotten them there at the first place. As a country, India should have been a bit more proactive and involved than just supplying arms to the Lankans (which was anyways done to prevent the Lankans from going to the Pakistan or China). So the Indians are just watching the tamasha -- and it is really unfortunate.
How does it bother the Tamilians of India? They are crossed between supporting for Tamil Ealam, death of innocent Tamilians and assassination of Rajiv Gandhi and this leads to mixed feelings. Ideally I would want to see Prabhakaran hanged and Srilankan Tamilians meeting their 3 decade old goals.
I totally support the Tamil Ealam cause, but the method LTTE has taken would have never gotten them there at the first place. As a country, India should have been a bit more proactive and involved than just supplying arms to the Lankans (which was anyways done to prevent the Lankans from going to the Pakistan or China). So the Indians are just watching the tamasha -- and it is really unfortunate.
How does it bother the Tamilians of India? They are crossed between supporting for Tamil Ealam, death of innocent Tamilians and assassination of Rajiv Gandhi and this leads to mixed feelings. Ideally I would want to see Prabhakaran hanged and Srilankan Tamilians meeting their 3 decade old goals.
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BharatPremi
12-13 05:09 PM
If someone from country X, Y, or Z comes in on that same quota, that's OK - but we can't accept folks from countries A, B and C??
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
jazz
Yes, exactly that is the point. What would be the purpose(backdoor policy theme) to implement Per country limit , particularly for EB category? And why IN, Philipines, MX and china are the only choosen ones?
more...
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tikka
07-04 12:18 PM
http://digg.com/politics/U_S_Withdraws_Offer_of_60_000_Job_Based_Visas_Ange ring_Immigration_Lawyer/who
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
http://digg.com/politics/Rep_Lofgren_Issues_Statement_on_Updated_Visa_Bulle tin
http://digg.com/politics/USCIS_Visa_scandal
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MYGC2008
09-23 05:50 PM
By Looking into Data provided, INDIA EB2 should get more Visa this year.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
Look at the Data for EB2 CHINA
for 2004 it is 123 and for 2005 it is 4100.
If the Cutoff Dates does not move for China/India ,How they going to use spillover visas?
This is really interesting
Since EB1 is Current and Rest all Eb2(except CHINA/INDIA) are current. This time there will be huge spillover.
more...
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PBECVictim
06-27 10:52 AM
If Dept of State finds by mid of the month all(not by country) EB3 or EB2 numbers consumed, then they may come back and say no more acceptance of particular category. But generally they don't want to do that for EB category applications, because it is difficult for them to evaluate, reason is some numbers from Family category will be transfered to EB categories.
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
It happened for EB2 India, in the month of July 2006 mid. All numbers for EB2 India were utilized before mid of July, but even then they didn't come back in the mid of the month. So they made it "U" in next bulletin.
Don't be panic...........
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samay
07-14 07:09 AM
Dear Sir / Madam,
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
I am currently on OPT which is valid till July 2009. Also, my H1-B is approved through a company X starting oct 2008. Currently I got a job with company Y on my OPT. Can I continue to work on my OPT with company Y till July 2009? OR Do I need to transfer my H1B to company Y to be able to continue to work after Oct 2008?
Regards
Swetha.
You do need to transfer your H-1 B to company Y in order to work after Oct.2008.
more...
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Dyana
02-14 12:29 PM
Hi Bestia
I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
Thanks 4 help.
I see your PD is Aug 2004 for EB3 ROW, and U already filed I 485.
I need some help: My PD is also Aug 2004, I'm in the EB3 ROW. When can I start filling I-485? The March VB says 01JAN2005. What is the last date I can file?
Thanks 4 help.
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krishmunn
06-12 04:40 PM
Dilip,
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
First, the rant on low wages does not hold water. The employer need to pay prevailing wage which is mandated in the LCA. If some employer does not pay that, employee can (and should) complain to DOL
Second, you mentioned that you were employed for 2 days enabling you to file 485/EAD and thus you should not be termed out of status/illegal. If a company hired you for 2 days just to allow you to file 485 with no intent to have a job ready for you in future, the company and you commited immigration fraud --- a bigger problem. Also, you cannot invoke AC21 to switch employer before 180 days after you file 485. So, it still remains a mystery how you moved out just after filing 485.
Your favor towards Grassleys bill shows you just want to close the door. Grassleys bill, if implemented will make it very difficult for even legit employers to get H1 employee. It is a kin to almost closing H1 program out of which you benefitted.
Also, did you ever floated such ideas when you were on H1 ?
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rahulpaper
06-27 10:03 PM
Isn�t the visa number limited to a upper threshold for each EB category for each country...How does these number move around between various countries....doesn�t that mean people from India and China (2 countries with most retrogression and paranoia) are looking at a very small number (~2K-4K) and not 40K in July?
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
Can someone comment on this number issue?
Yes I agree.. But if they don't move date foward then they can't approve those backlog applications.And they don't want to loose 40,000 visas . Now when they made all date current, they can approve all those pending application which are complete and just waiting for date to become current. Now we don't know real number and don't know how long it will take USCIS to do all approvals. But if they approve 40,000 in 2 weeks, I won't be surprised if they make it 'U' like other workers.
But then question still remains why they made all current. They could have just moved it by year or so.. And I am sure they know how many application they can expect in July.. I already saw some where that we have around more then 80,000 approved perm.. All they going to apply.. And what about all whose labor just got approved fro Backlog centers?
Its making everybody confused.. But its not in our hand and we can't do anything. Best thing is to file asap and just hope for best and we are always ready for worst..
Just think if they make date 'U' in middle of july, how many member going to loose money. Each of us spent so much money this month and if nothing happens that we loose all of it.
sachug22
09-24 03:32 PM
I know you are talking about "7% country speciific limit for primary applicants" and "2% country specific dependent limit" So actually it is 9% limit - country specific together.
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
Not sure what you are talking about. There are two rules as follows
28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
But question is " what is the meaning of it?"
The tables what are published in bulletin are meant for "Visa number availability".
So numbers (28.6% divided by 5 per each preference-country) are meant for USCIS to process and assign visa numbers till that limit reached.
"7% + 2%" country specific limit is meant for "Sending Greencard /Ordering Greencard".
In simplest form, EB-I will have 8008 X 3 (Without spilied over) = 24024 applications assigned Visa number this year and out of that ( 9% X 140000 = 12600) lucky ones will get their physical green cards THIS YEAR. The rest will get their physical green cards next year though their files have been assigned numbers (Pre-adjudicated.) this year.
Above mentioned explanation is the real meaning of this bullshit.
I think I have tried my best to explain the process.:)
Not sure what you are talking about. There are two rules as follows
28.8% EB visas for each category EB1/EB2/EB3 and 6.8% for EB4/EB5
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
at0474
12-14 01:11 PM
There was a thread some time back about people considering going to law school and becoming their own lawyers. What I took out of it was that its not that easy. Besides going to school, you have to pass some tough state exams. I am quite happy with my lawyer. I paid some dough but its much cheaper than going to law school, and saves me time and headache.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
Going to law school is not for everyone, definitely not for me (fat books scares me :eek:). I like the suggestion by garybanz about getting a qualified opinion. Just so that we know.
--Grupak, I wasn't talking about the law here. It was villamonte, I was just requesting him to be polite. The thing I agreed about him was that we cannot call country cap quota as discrimination.
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